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Hello everyone.

 

Apologies If Posted in wrong place

 

Builder by trade.

 

Long story short.

My van was broken into Tuesday night and they totally wiped us out took everything.

We phoned the police etc did everything right.

Knocked on neighbours doors for cctv.

I had a bike in the back which I’d literally purchased that day left in there until I could hide it for Christmas.

 

I knew I had insurance for personal possessions upto 200

rang my insurance company provided proof of receipt crime number etc.

They then told me I was insured for tools in transit well I was made up as I didn’t realise and my stess levels decreased a little.

 

Went through everything no problem.

Then I recieve a phone call from the fraud department informing us that our van is a Cat C didn’t know.

And there’s a MS90 on driving licence and they voided our insurance and claim.

Which is understandable I guess.

 

we rang DVLA and these points went on in January for failure to provide information

but it was provided even got a letter to say there is a back log and heard nothing since until a pink letter arrived from court which does not mention anything about points or a fine it’s a further step notice.

 

I rang the court immediately and made appointment to do statutory declaration

unfortunately I suffered ill health and advised the court I was told where to send email and head it urgent saying I couldn’t attend as I suffer from anxiety and high blood pressure.

heard nothing since I just presumed I would receive a new court date.

 

Not the case apparently the case was heard and I received a hefty 812.00 fine and 6 points as to which I was totally unaware of until yesterday I’ve explained all this to insurance.

I was totally unaware they just voided my insurance unless I can prove this.

I’ve spoke to DVLA they told me they don’t send letters and I spoke to the court now awaiting another appointment.

 

first question.

If points were put on my licence how was it done.

I was never asked for it

 

how was the insurance unaware if points went on in January and I didn’t insure until

march.

DVLA said this should of flagged up

 

how do I prove I was totally unaware as I was

 

I’m currently unable to work due to no tools and unable to insure my vehicle not only due a voided policy but the fact I can’t work.

I’ve paid my insurance.

Contents and tools insurance and they’ve just voided only explanation I didn’t disclose information.

 

How can I disclose information I didn’t have.

Any help appreciated currently seriously stressed out

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I'm sure we can help you but I'm afraid that we need you to space and punctuate your story properly so that it is easier to read.

 

Fairly solid and poorly punctuated blocks of text are very difficult for people to follow and will discourage people who would otherwise be very enthusiastic about helping you challenge your insurer.

 

Please would you mind posting it again on a new thread but this time put it in a way that you would like to read yourself if you are thinking of helping somebody else.

 

Thanks


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ive sorted the spacing for you

as it was probably CAG that did it

 

please continue to post here

 

dx


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Insurers have a duty to treat you fairly they are subject to important regulations which are legally binding and which are called ICOBS.

 

One of the provisions in ICOBS is that an insurer is not entitled to decline a claim or to cancel insurance simply because of some administrative matter – which does materially affect the risk.

 

It seems to me that firstly you have good reason for not having informed anybody about the condition of your vehicle. Secondly, the fact that the vehicle was broken into had nothing to do with the fact that it was CAT C. Therefore in my view they are acting unlawfully in cancelling your insurance and rejecting your claim.

 

That's the easy part.

 

The difficult part will be forcing your insurer to change their mind and frankly I think that the only way that you will manage to do this will be by taking legal action. You could consider going to the financial ombudsman service that they are limp wristed and for some reason other they think that their duty is to be fair to both sides even if it is clear that one side is the wrongdoer and the other side is simply an innocent victim.

 

So the question is – what are you prepared to do about it? Bear in mind, that this is not something that will be settled very quickly. It could take at least six months and not only that I can imagine that the insurer will be so concerned about having a judgement against it in the circumstances that they will throw everything they can at you. We will be very pleased to help you all the way – and as you would only be suing for a very modest amount it won't cost you very much and because it would come under the small claims rules, there is no reason why you should suffer any great loss in the event that you don't win the case.

 

Whatever, I would certainly start off by sending an SAR to the insurer to find out exactly what they did know


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The whole situation has me totally stressed. Not even bothered insurance say they won’t pay i get that

But to make our i did this to be fraudulent Is playing on my mind

I’ve never broke the law

I need my van to work I know the consequences of not declaring.

They just won’t even entertain me.

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Tried the financial

Ombudsman and he said I had to go through the company first.

I’m

Getting nowhere fast

They basically said I was aware of conviction. Which to be fair I was aware of maximum penalty

But I was appealing

Basically my son was out with friends quite a distance from us

He has various diagnosed difficulties

He telephoned us in anxious upset state.

We drove to pick him up he wasn’t there. All staff was involved in locating him. Even local

Police

He was found thank goodness

I was anxious has I’m

A sufferer my wife had SVT induced my stress. I was caught speeding my 8mph

All that put aside the ombudsman said we should of declared the conviction. but I haven’t been convicted.

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Insurers have a duty to treat you fairly they are subject to important regulations which are legally binding and which are called ICOBS.

 

One of the provisions in ICOBS is that an insurer is not entitled to decline a claim or to cancel insurance simply because of some administrative matter – which does materially affect the risk.

 

It seems to me that firstly you have good reason for not having informed anybody about the condition of your vehicle. Secondly, the fact that the vehicle was broken into had nothing to do with the fact that it was CAT C. Therefore in my view they are acting unlawfully in cancelling your insurance and rejecting your claim.

 

That's the easy part.

 

The difficult part will be forcing your insurer to change their mind and frankly I think that the only way that you will manage to do this will be by taking legal action. You could consider going to the financial ombudsman service that they are limp wristed and for some reason other they think that their duty is to be fair to both sides even if it is clear that one side is the wrongdoer and the other side is simply an innocent victim.

 

So the question is – what are you prepared to do about it? Bear in mind, that this is not something that will be settled very quickly. It could take at least six months and not only that I can imagine that the insurer will be so concerned about having a judgement against it in the circumstances that they will throw everything they can at you. We will be very pleased to help you all the way – and as you would only be suing for a very modest amount it won't cost you very much and because it would come under the small claims rules, there is no reason why you should suffer any great loss in the event that you don't win the case.

 

Whatever, I would certainly start off by sending an SAR to the insurer to find out exactly what they did know

They have cancelled due to undisclosed points. Which I was unaware till

They informed me

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Yes I was totally unaware nothing from police. Court. Dvla. No one best of my knowledge awaiting court date

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Insurers can cancel, if they would not have offered you Insurance had they known the correct information before issuing the Insurance.

 

So you really need the Insurers to confirm in writing the reason for cancelling the policy and take it from there, by complaining in writing in the first instance.

 

Here is a link to the FCA rules and legislation that applies.

 

https://www.handbook.fca.org.uk/handbook/ICOBS/8/?view=chapter


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I hate to add to your woes but now having alerted the Courts to your new address etc and as you have an outstanding fine that is unpaid then you could end up with Bailiffs at the door. The worst [art being that any Warrant carries the power of forced entry. It is in your own interests to get this back to Court ASAP.


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